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Motor Vehicle Litigation

If the liability is challenged then it is necessary to file a lawsuit. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be at fault for an accident the damages you incur will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is owed by everyone, but people who operate a vehicle have an even higher duty to other people in their field. This includes ensuring that they do not cause motor vehicle Accident law firms vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical person would do under the same conditions to determine a reasonable standard of care. Expert witnesses are often required in cases involving medical malpractice. People with superior knowledge in particular fields may be held to a greater standard of treatment.

A breach of a person's duty of care could cause harm to the victim or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the injury or damages they suffered. Causation is an important part of any negligence claim. It requires proving both the actual and proximate causes of the injuries and damages.

For instance, if a driver is stopped at a red light there is a good chance that they'll be hit by a car. If their vehicle is damaged, they'll be accountable for repairs. The cause of a crash could be caused by a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to be awarded compensation for a personal injury claim. A breach of duty is when the actions of the at-fault person are insufficient to what an ordinary person would do under similar circumstances.

For instance, a doctor has several professional obligations to his patients that are governed by the law of the state and licensing boards. Drivers have a duty to protect other motorists and pedestrians, and to adhere to traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the victim's injuries.

A lawyer can use "reasonable persons" standard to establish that there is a duty to be cautious and then show that defendant did not comply with the standard in his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example it is possible that a defendant run a red light but it's likely that his or her actions wasn't the main cause of your bike crash. For motor vehicle accident law Firms this reason, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between the breach by the defendant and their injuries. For instance, if a plaintiff suffered neck injuries as a result of a rear-end collision, his or her lawyer will claim that the collision caused the injury. Other factors that contributed to the collision, like being in a stationary vehicle, are not culpable, and will not impact the jury’s determination of the fault.

For psychological injuries However, the connection between negligence and the victim's afflictions may be more difficult to establish. It could be because the plaintiff has a troubled background, a strained relationship with their parents, or has been a user of drugs or alcohol.

If you have been in a serious motor vehicle crash, it is important to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in many areas of expertise as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first category of damages includes any monetary costs that are easily added up and calculated as the sum of medical treatment or lost wages, property repair and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of living are not able to be reduced to money. The damages must be proven through extensive evidence like depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages awarded should be split between them. The jury has to determine the amount of fault each defendant has for the incident and then divide the total amount of damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is not straightforward and typically only a convincing evidence that the owner was explicitly refused permission to operate the car will overcome it.